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ARTICLE 11. REMOVAL OF LICENSEE'S FACILITIES Section 11.01. At the expiration or any termination of this Agreement or of a Permit, the Licensee will remove the Licensee's Facilities from the Poles at its own expense. If the Licensee fails to remove the facilities within 90 days of the expiration or termination, the City will have the right to remove the Licensee's Facilities and charge all costs for the removal to the Licensee, or to treat the Licensee's facilities as abandoned and to assume ownership and use of the facilities. ARTICLE 12. TERMINATION OF PERMITS Section 12.01. Any Permit issued under this Agreement will automatically terminate when the Licensee ceases to have authority to construct, maintain and operate its Facilities on public or private property at the location of the Licensee's Facilities covered by the Permit. The termination of a Right -of -Way License Agreement between the City and the Licensee will terminate the Licensee's authority under this Section as to the provision of all services other than Telecommunications Service through the Licensee's Facilities within public right -of -way of the City. Section 12.02. If the Licensee has not completed the installation of the Attachments authorized by a Permit within 60 days from the issuance of the Permit, and there is no evidence of ongoing construction, the City may revoke the Permit with 15 days written notice to the Licensee. If the Licensee fails to complete the construction of the Attachments within the 15 day notice period, the Permit is revoked and the Licensee will remove any facilities it has attached to Poles within 10 days. If the Licensee fails to remove the facilities from the Poles within the 10 days, the City will have the right to remove the facilities and charge all costs for the removal to the Licensee, or to treat the facilities as abandoned and to assume ownership and use of the facilities. Section 12.03. The Licensee may surrender any Permit and remove its Facilities from the affected Poles. The Licensee will give the City written notice of the surrender. No refund of any fees or costs will be made. If the Licensee surrenders a Permit but fails to remove the Licensee's Facilities from the Poles within 30 days, the City will have the right to remove the Licensee's Facilities and charge all costs for the removal to the Licensee, or to treat the Licensee's facilities as abandoned and to assume ownership and use of the facilities. ARTICLE 13. INSPECTION OF LICENSEE'S FACILITIES Section 13.01. The City reserves the right to make periodic system -wide inspections of the Licensee's Facilities, with City personnel or through contractors. The Licensee will reimburse the City for the actual cost of the system -wide inspections. If the City performs a system -wide inspection of the Licensee's Facilities and the facilities of Other Licensees, the City will equitably allocate the cost of the inspection among the Attaching Entities. Section 13.02. The City, at its own cost, may make inspections of the Licensee's Facilities at any time. The City will give the Licensee reasonable advance written notice of inspections, except in instances where safety considerations justify the need for inspections without notice. 13 CADocuments and Settings \tamara.slade \Local Settings\ "Temporary Internet Fiies \Content.Outlook \F3JWG5DH \San Marcos PAA_FINAL_CLEAN _ 1 0 17 201 I.docx